As noted by the California Supreme Court, under the State Constitution, the Legislature “may exercise any and all legislative powers which are not expressly or by necessary implication denied to it by the Constitution.” Furthermore, through the initiative process, courts have found that the electorate’s legislative powers are “generally coextensive with the power of the Legislature to enact statutes.” If, therefore, the Legislature can pass a statute, it is generally true that the electorate may approve such a statute through the initiative process. The California Legislature possesses broad powers. California Law and the Initiative Processīroad Legislative Powers. and State Constitutions that might affect such a proposal. In this section, we describe other examples of proposed and actual state splits, as well as other provisions of the U.S. While this constitutional provision allows statutes to change California’s borders, nothing in the State Constitution explicitly addresses how California might go about splitting itself into two or more new states. Currently, the State Constitution provides that “the boundaries of the State are those stated in the Constitution of 1849 as modified pursuant to statute.” Statutory modifications to California’s boundaries generally have been minor. BackgroundĬalifornia’s boundaries were established at its first constitutional convention in 1849. This initiative proposal amends state laws (statutes), but does not amend the State Constitution. states, subject to approval by the federal government. 1) to split the existing State of California into three new U.S. As required by Section 9005 of the Elections Code, this letter analyzes the proposal (A.G. File No.
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